HomeMy WebLinkAboutC25-129 Schmueser Gordon Meyer, Inc. dba SGM, Inc_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SCHMUESER GORDON MEYER, INC. d/b/a SGM, INC. THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _______________ by and between Schmueser Gordon Meyer, Inc. d/b/a SGM, Inc, a Colorado corporation (hereinafter “Contractor”), and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 9th day of May, 2023, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated the 26th day of October, 2023, the parties amended the scope and compensation of the Original Agreement to include the geothermal feasibility study services for the West Eagle Workforce Housing Project (the “First Amendment”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $500,000 and the First Amendment contemplated that the Consultant would perform additional Services in an amount not to exceed $45,000, for or a total maximum compensation under the Original Agreement and the First Amendment of $545,000; and WHEREAS, the parties desire by this Second Amendment to expand the scope of Services and compensation as set forth in the Original Agreement and First Amendment. SECOND AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1.The Original Agreement and First Amendment shall be amended to include additional Services as described in Exhibit A2, which is attached hereto and incorporated herein by reference. 2.The compensation for the additional Services set forth in Exhibit A2 shall not exceed $170,903.87. This amount includes changes authorized by prior verbal change orders and the increased contract sum as identified in Exhibit A2. The total maximum compensation under the Original Agreement, First Amendment, and this Second Amendment shall not exceed $715,903.87. 3.Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement and First Amendment. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement or First Amendment, the terms and Docusign Envelope ID: 46BE6631-E622-4AEA-A3D0-6D1B08FBD0F1 3/25/2025 2 provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 4.Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 5.This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Becky Close Clerk to the Board CONTRACTOR SCHMUESER GORDON MEYER, INC. d/b/a SGM, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: 46BE6631-E622-4AEA-A3D0-6D1B08FBD0F1 CFO Troy Feese CHANGE ORDER OWNER / CONSULTANT AGREEMENT PROJECT: Eagle County and MSC Buildings Geothermal Design CHANGE ORDER NUMBER: 01 Client: Ron Siebert 3289 Cooley Mesa Road / 500 Broadway St Date: Gypsum, CO 81637 / Eagle, CO 81631 3/4/2025 PROJECT NUMBER: 2023-253.001 TO: Schmueser Gordon Meyer CONTRACT FOR: Construction Administration 118 W. 6th Suite 200 Glenwood Springs, CO 81601 CONTRACT DATE: 5/9/2023 Scope of Work The following estimated site visits per discipline and sub-consultants are: 1. Geothermal - 6 2. Mechanical -14 3. Electrical - 12 4. Structural - 4 Personnel to include: 1. Geothermal -Major Geothermal a. Terry Proffer b. Emily Smith 2. Mechanical – SGM a. Tony Haschke b. Pablo Gorro c. Alex Campbell 3. Electrical a. Ron Slade PE, LLC b. Ethan Dutcher – SGM c. Adam Silvestri - SGM 4. Structural -SGM a. Mindy Nastal Not valid until signed by both the Owner and Architect The original Contract Sum was $175,500.00 Net change by pervious authorized Verbal Change Orders $30,403.87 The Contract Sum prior to this Change Order was $205,903.87 The Contract Sum will be (increased) by this Estimated Change Order $140,500.00 The new Contract Sum including this Change Order will be $346,403.87 The Contract Time will be (un-changed) ( 0 ) Days CLIENT CONSULTANT SGM Address Address Ron Siebert 118 W. 6th Street, Suite 200 3289 Cooley Mesa Road / 500 Broadway St Glenwood Springs, CO 81601 Gypsum, CO 81637 / Eagle, CO 81631 By By Tony Haschke Date Date 3/4/2025 4. Performing construction observations with follow up reports. 5. As-built drawings based on contractor field markups. Construction Administration Estimated Fees for Mechanical, Electrical, Geothermal, and Structural disciplines. Tasks to include: 1. Submittal and shop drawing reviews and dispositions. 2. Respond to Contractor RFI's or unforseen contruction conflicts. 3. Assisting in clarifications of contract plans/documents. 2023-05-10 Eagle County Geo-SGM-PM-Plan-2023-253.001 3/4/2025 $170,903.87 $ 30,403.87 $140,500.00 EXHIBIT A2 (Eagle County Building Scope) Docusign Envelope ID: 46BE6631-E622-4AEA-A3D0-6D1B08FBD0F1